Truckdriver's fall on black ice cannot be pursued
Jose Holguin fell after exiting the cab of his truck at a Ford Motor Company loading dock. The Court relied on the fact that Holguin could see the ice after he fell, while lying on the ground, to conclude that it was not "black ice" and therefore he could not sue Ford Motor for failing to eliminate the hazard. The Court simply concluded that the ice was apparently "observeable" and therefore "open and obvious," even if it was not apparent "on casual inspection" as the legal definition requires